Book contents
- Genocide in International Law
- Genocide in International Law
- Copyright page
- Dedication
- Contents
- Preface to the First Edition
- Acknowledgements
- Abbreviations
- Introduction
- 1 Origins of the Legal Prohibition of Genocide
- 2 Drafting of the Genocide Convention
- 3 Subsequent Normative Developments
- 4 Groups Protected by the Convention
- 5 The Specific Intent to Commit Genocide
- 6 Punishable Acts of Genocide
- 7 Cultural Genocide, Ethnic Cleansing and Other Acts Not Punishable under the Convention
- 8 ‘Other Acts’ of Genocide
- 9 Defences to Genocide
- 10 The Duty to Punish Genocide
- 11 Prosecution of Genocide by International Criminal Tribunals
- 12 State Responsibility and the Role of the International Court of Justice
- 13 Prevention of Genocide
- 14 Activity of International Organizations
- 15 Treaty Law Questions and the Convention
- Conclusions
- Bibliography
- Index
12 - State Responsibility and the Role of the International Court of Justice
Published online by Cambridge University Press: 14 March 2025
- Genocide in International Law
- Genocide in International Law
- Copyright page
- Dedication
- Contents
- Preface to the First Edition
- Acknowledgements
- Abbreviations
- Introduction
- 1 Origins of the Legal Prohibition of Genocide
- 2 Drafting of the Genocide Convention
- 3 Subsequent Normative Developments
- 4 Groups Protected by the Convention
- 5 The Specific Intent to Commit Genocide
- 6 Punishable Acts of Genocide
- 7 Cultural Genocide, Ethnic Cleansing and Other Acts Not Punishable under the Convention
- 8 ‘Other Acts’ of Genocide
- 9 Defences to Genocide
- 10 The Duty to Punish Genocide
- 11 Prosecution of Genocide by International Criminal Tribunals
- 12 State Responsibility and the Role of the International Court of Justice
- 13 Prevention of Genocide
- 14 Activity of International Organizations
- 15 Treaty Law Questions and the Convention
- Conclusions
- Bibliography
- Index
Summary
States incur responsibility for violations of the Convention that may include failure to prosecute or to comply with other obligations under the Convention. The International Court of Justice has made it clear that States may also be found responsibility for actually committing genocide. Because the repression of genocide is erga omnes, even a State that is not injured by the violation may take proceedings against another State alleging that it has committed genocide. The general principles are set out in the Articles on State Responsibility adopted by the International Law Commission. There have been seventeen interstate applications to the Court based upon the Genocide Convention although it has yet to conclude that a State Party has committed the crime of genocide. The two main cases to date are Bosnia v. Serbia and Croatia v. Serbia. Three cases are currently pending, Gambia v. Myanmar, Ukraine v. Russia and South Africa v. Israel. The Court has made important provisional measures orders in some of these cases.
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- Genocide in International LawThe Crime of Crimes, pp. 562 - 597Publisher: Cambridge University PressPrint publication year: 2025